Objection must be on the record and state the ground(b)
: After the question, but before answer(i)
If answered: motion to strike or motion for new trial
Cannot object later in the trial! This means many valid objections will go ignoredii.
For an appeal later, object nowiii.
Why? Help the judge (adversarial system); allows adversary to fix the problemc.
2 Kinds of Objectionsi.
: based on evidence itself (hearsay, Best Evidence Doctrine, privileges, character evidence)ii.
:nothing wrong with the substance, but the Q is being asked in the wrong way (form of Q)-list on CB p.31
Asked and Answered; Assumes facts in evidence; Argumentative; Compound, Leading the Witness,Misleading, Speculation/Conjecture, Ambiguous
Be careful with these b/c lawyer will get info anyway in another way!
: When the judge excludes evidence under a general objection, even on a mistaken theory,the ruling is usually upheld if excluding the evidence was right for any reason at all.
Motion in Limine
trial to get a ruling then by judge that evidence cannot be introduced(a)
May force settlement if important evidence is forced out(b)
If you sleep: adversary can get someone on the stand and say something before you have a chance to objector discount credibility
motion to strike
but jury would not be able to really get testimonyout of their heads
you cant MAKE THE JURY FORGET YOU SHOWED THEM A BLUE HORSEd.
The Offer of Proof (FRE 103(a)(2))
If objection is sustained to exclude evidence,
you must make offer of proof to preserve right to appeal
Must make it known to court what would have been presented if objection overruled(a)
On the record out of presence of jury (appeal granted only if would have affected outcome of case)(b)
―if admitted, this piece of evidence would show…….‖